here, and as you said, the city has not reacted nor have police. city insiders say there has been no clear direction from the mayor who is expected to address them any time now. >> two stay days after the city went through expense, they're back. >> the public sick of being locked out so we made it public again. >> this is claiming a public space. there is nothing legal about that. >> crews removed fencing, protestors tore down wednesday night, demonstrators repitched tents on the same lawn that was the scene of the massive eviction. this led to the march and action against pro testors. >> she's very strong-minded person z makes up her mind about things. >> dan is an unpaid legal

advisor to the mayor. the source told apc 7 qan ordered a hands off approach to prot yefr l.esters and teents some of us think it should allowed and what is going on in society yoit outweighs inconvenience of having people camp here. >> and there is a tent popped up at snow park. >> why do you think it's important? >> we're going to keep coming back. >> and students still have no place to play. before the occupy oakland demonstrations they would spend series at one two of places, today playing in a parking lot. >> usually we have an opportunity to share space in city hall and those are not areas that are not comfortable with taking kids at this time. so we're displaced. >> and this is a live look at what's happening here this, is

a meeting of demonstrators, they're making plans for a strike. the mayor's office is indicated that she plans to come out here any moment and address the demonstrators personally. and film maker michael moore planning to come tomorrow. again no, indication that the city or police plan to move anyone out of here any time soon. >> a reversal of fortune, thank you very much. a decorated war veteran injured during the confrontation in oakland is improving. the 24-year-old hit in the head, apparently by a tear gas canister. a new ps conference ended just a short time ago. >> it did. and he is doing remarkably well given everything he's gone through. he's in fair condition. he's breathing on his own and out of the emergency room and into the icu. we're told that bystanders

brought this 24-year-old former marine here to highland hospital. he's not ahad -- had surgery and doctors say they expect he won't have to and are hoping swelling in the brain is going to go down. they say he's fully conscious, aware of what is going on and doctors say he blossomed when his parents arrived here today from wisconsin. >> make signs, he can write and understands what we're saying huge newer logical improvement over what he was when he got here but he's having trouble with words. >> i had the opportunity to spend time with scott this morning and afternoon as well as his family. here is what they want you to know. sheer what they want the world to know. they recognize that the world, friends, folks out in the community care deeply for scott in his condition. we recognize there are folks

out there who are of strong opinion and have strong viewpoints on between occupy oakland and the police. it's their hope, though, that those opinions are not played out here on the campus of highland hospital. >> friends and supporters have arrived, including this young lady trying to bring him his military hat. she was one of those who helped him on tuesday might. -- night. others brought flowers but they were not allowed in to see him. we're told the mayor did come by and she told scott olsen i'm sorry for what happened to you. and they said he shook her hand. now, the police department has said this is their highest priority in terms of investigations. as you may know there is a vigil tonight at 7:00. live in highland hospital, abc

7 news. >> thank you. and now, when scott collapsed on the street a group moved in quickly to help him. but what transpired that have is now under scrutiny by police and protestors. the tactics police followed in situations like this. oakland's interim chief acknowledges officers fired bean bag rounds. the chief said they were used against those throwing objects at the officers. >> and that is fired from a 37 mm firearm. and there is no flash that was used. >> and there are protestors insist the grenades were tossed when a group of people came to help scott olsen,

people were behind two barricades. take a look at the officer highlighted. he steps back, someone throws an object at the crowd, then, the officer tosses some kind of canister. >> this explodes. >> i don't see the protesters doing anything aggressive. >> she works as san jose independent police auditor, mr. br that, director of the police review commission. we asked if she sees anything wrong with the way police acted. >> this appears to be a attempt to disperse the people. but i heard no orders being given, before some weapon is used they would give orders for people to disperse, and to leave. >> and a grenade considered a class three destructive deskpris says weapons were

used inappropriately that would trigger an investigation. the chief says this department is still assessing the incident. >> amnesty international is calling on police to show restraint, criticizing the use of tear gas tuesday night. and they say the case of injured professor scott olsen as well as others who are arrested and removed from camps in both is asking to catch saying they understand protests but stresses a need to up hold the law. >> we believe it exists. and this is as they're expressing frustration autos the spokesman says he's not discussed protests with the president only in general. >> in san francisco, police are explaining why they haven't shut down the occupy sf encampment.

proestors still camped out despite plans for a raid. the sfpd said they were ready to go in but did not because they didn't didn't want another situation like what happened earlier this week. >> looked like from the videos we saw and news accounts there were angry people. we're trying to prevent that. >> if we believe we can support the agency that's we'll be doing the clean up with out having to go past a measured response, we'd do that. >> the mayor and chief say they are violated codes by keeping tents up and there are still health concerns at that camp. they hope occupiers will clean up the site. >> and with these protests bart is trying to figure out what to do about cell phones. the decision to cutoff service you may remember, triggered an angry response. wayne freedman on the debate

over what to do the next time. >> in a meeting room far from tent cities the board struggled today with what may become landmark language. >> i propose something akin to the decision would be made by the general manager. >> the principle is that in our country we do not shut off speech to stop protests except to the most extraordinary circumstances. >> the issue? cell phones. catalyst, a demonstration in august and bart turned off cell sfgs -- service. whatever bart decides, may establish a model for the rest of the country. >> this is an opportunity to get it right. >> today, no vote. the board wants more clarifications about circumstances and chain of command. >> this has to be real clear that it's a terrorist attack, it's a potential life threatening situation. has to be something that we

know could lose a life. >> bart faced other criticism today and also foreclosing embarcadero near occupy san francisco camp. >> that was a request so we complied and before that, we shut oakland stations down because there is tear gas and employees couldn't breathe. >> for bart, the board hopes to vote at the next meeting n oakland abc 7 news. >> and from wall street protestors to prices there is a big surge in stocks. the u.s. economy may have turned a corner. >> governor unveils a plan for state employees as a social insecurity it's triggered in san francisco.

>> a good samaritan meets a man whose life she helped savav

>> closed captioning brought to you by mancini sleepworld. that could be the sound of the u.s. economy turning around. the occupy demonstrations have spread across the country, wall street has been building towards its best month in history. >> and this milestone that major surge indicated.

dow jones gained nearly 12% since the first of the month, more than 300 points today. also a 2.25% expansion of the u.s. economy over the summer tripled a grej rate of spring. and there are best numbers in a year. >> the european debt deal sent stock market soaring. investors will write off half of the public debt. carey san economic expert at golden gate university school of business. >> our worry is that there wasn't a way we can see where this fire was going to have a fire break, now there are outlines of a good break in place. there is now a plan. >> saying the businesses are on firmer ground, he's been add advisor more than a quarter century. the rise in gross domestic

product comes when profits are increasing and so, too, is business spending on equipment and software. >> companies are making money and are running businesses well, interest rates remain low. too low. >> housing prices also remain low. and there are a lack of new jobs remaining a constant and subyorn buft we haven't turn aid corner in unemployment yet. we're adding just enough jobs to keep pace with the number pechl coming into the labor force. >> economist says with the european debt plan attention turns to washington, d.c. and our challenges. >> we zront a phony crisis but a real issue of the rest of the world coming to terms with what needs to be done. and will the united states do

that? >> many say if there are signs it will be a good start to the new year. in san jose, abc 7 news. >> crews are on the scene of a fire burning in an apartment complex. this is in the city of carson about 20 miles from downtown los angeles. most of the flames have now been extinguished. >> retailers will not have to put up warnings about cell phone radiation. a judge struck down most of the law passed last year and in that ruling said it's misleading. the judge added the warning posters could not be required and that it's unconstitutionally giving opinions of cell phones. the city plans to appeal the decision. >> and governor brown unveiled

a plan to overhaul the public employ pension systems. and wants to increase benefits with a 401(k) style plan. >> i do think there should be limits on what people make on retirement z maybe because of work requiring a higher pay but that should not translate 100% into their retire system. i think that that is excessive. >> the system is between $100 billion and $500 billion in debt. >> if this is only $900 million being estimated now? that means under this rate we'd have to wait 500 years for a solution.

>> and this is a a well deserved honor today for a san francisco woman saving the live of a truck driver last week. the mayor present presented her with the city's first good samaritan award. tina risked her own safety when pulling him from the wres yang of a burning rig yesterday. and he was on hand for the ceremony. >> to me she's my angel. a guardian angel. if she hadn't stopped i don't know what would have happened. and i would have been alone. god bless you, you will always be in my heart and thank you. >> and this is just a fabulous moment. it brought the fire chief to tears. tina says she's grateful but

happy michael is okay. what a great stri love stories like that. >> yes. >> we're enjoying a lovely stretch of fall weather. >> just terrific. everyone saying how nice it s and there is a live view, we can see across the bay and out to the coast. clear skies and a gorgeous evening. started off chilly in parts of the bay area, low temperatures dropping down to freezing. there is 32 degrees in napa and there are temperatures swinging eastward to fairfield and there is san francisco with a low of 51 degrees, highs back up into upper 70s into warmest locations 78 was a high in napa. 77 santa rosa. there is 64 in san francisco.

and notice how mild sit around the bay area, 72 degrees in most locations so it's still pleasant out there if you're looking forward to outdoor activities. clear, cool tonight. mild in areas gonl, little change occurring through the week, into next week, overnight tonight looking for lows into a similar range. perhaps not so chilly in spots but down to 55. there is 35 in napa. there is 50 here in san francisco. pacific satellite shows large ridge of high pressure so we're staying high, dry. jet stream flowing north. and there are no weather disturbances. sunny skies tomorrow, high temperatures mid-70s. there is sunny skies, mid-70s,

there is up to 70 on the coast. 67 in pacifica. downtown tomorrow a high of 71. 69 into sunset district. north bay, mainly mid to upper 70s. there is p 7 in napa. near east bay highs mainly into low to mid-70s up to 75 in oakland and there is inland east bay, mid-70s as well. there is 75 danville. and around monterey bay, 75 at watsonville. 76 santa cruz. 79 inland at gilroy. here is the accu-weather forecast. there is saturday there are 80 degrees,. it's going to be a pleasant week and a nice day monday. we'll cool down at the end, towards the end of the week. >> and there is a change in

plan as announced by bay area news group.

tonight east bay newspaper will not be changing its name. the president of the news group said today complaints from readers torsed the company to back track on plans to create a paper with a different name and says the newspaper will invest in more local content. the tribune is setting up a community media lapse.

>> this is around having a facility where the community is wem comed to participate. we'll have stations where our new network can come and work. >> this means no more monday paper for hayward daily review. about 25 people will be laid off in the newsroom. >> and the candidates for mayor have gone head to head in dozens of debates and forums. and next month, voters will make their choice among 16 candidates. five current and former supervisors, city attorney, assessor, public defend yes, state senator and a political newcomer are running. the newcomer is a venture kpoolist and entrepreneur. she wants to centralize services for homeless like they do in denver, colorado. >> every person is assessed.

if someone is down on their luck or needs support or is this a mental illness issue? or a drug, alcohol problem? then, every step of treatment for that person is fully transparent. there is accountability. >> we've been running clips from candidates like this. you can see all interviews in their entirety on the politics page. just go to abc 7 news.com. >> and new at 6:30 tonight from abc 7 news i team a theater owner claims he took a beating from plain clothed sheriff deputies. why is he being charged with a crime? >> and jobs are job one. tonight david louie sits down with a great grandson of henry ford himself. >> and a busy cat role for antonio

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good evening. a business owner says two sheriff investigators beat him in front of his wife and children for no good reason. >> he said he had no idea they were law enforcement officers. the i team's dan noyes is here with the story. >> they're under an internal affairs investigation. the business owner accuses them of force and lying about what happened in that report. and the sheriff says it's a business owner not telling the truth. >> they continue to beat me, just to beat me like a dog. this doesn't make sense he says he took a beating from two sheriff investigators. >> i want to trust police.

it's been hard and scary. >> this is a family business, during the week they fix computers and their kids help after school. on the weekends showing films and hold fund-raisers, hoping to help revitalize the area. >> this theater can become a spark of change here. >> and he and his family have seen the crime firsthand. and last fall an imposter police officer handcuffed and robbed a woman in front of the theater. days later two workers came to fix the sign, but told the family he'd been robbed a few hours later two men in plain clothes called out the robbery victim's name. >> did they say they were police? >> they did not. >> the men take the worker past the counter, into the darkened theater. >> my thought is that this

could be robbers because they walked into a dark portion of the theater. >> i said they said they could be robbing him. i said we need to call dad. >> he goes no. i'm the police. and so i kind of took a breath and said okay. coming up show me your card? there are people foes poesing and robbing people he claims men refused to show id. he followed them outside to a blue sedan. he says he took pictures to give police. so they could catch the men. >> i popped a picture of the plate. and to the driver getting into

the driver's side. and he throw his hand in front of his face. then just swings a door, open. i start backing up. he's jumping out saying i'm going to show you the full extent of the law. >> i ran to look what's happening. i saw them. and started kneeing him. him getting beat up. >> i was crying and upset like what's happening? what's happening to him? >> his son hit the silent alarm. >> this safe 911 emergency. >> his daughter called 911. >> help, help. >> what is going on some. >> this guy is beating up my dad. two african american guys. come, now. >> the two turned out to be a sheriff and a sargeant there to show a photo line up to the worker. in the reports the detectives said he was interfering with the investigation. and he blocked them from

leaving the theet skbrer they had to strike dillman to get him to comply. >> i know my deputies are telling me the truth. >> they arrested dillman for battery upon an officer and resist, obstruct a peace officer, most misdemeanors. records show he wound up with a strained neck. he filed a complaint that led to an internal affairs investigation. >> he made false claims. i want to prove they did everything they're supposed to do. >> and he is blaming -- claiming force. the detectives wrote they identified themselves. and asked for and received permission from gina dillman to take the robbery victim into the theater.

and warned him. >> there is no interfering you're under arrest. none of that. just a full on ass whipping. anyone found to be untruthful and lying in official police report is fired. >> he hadn't heard recordings made while it was unfolded. and in the criminal defense, here, his wife talks to 911. >> are you sure these are police officers? >> they're not dressed in uniforms. they didn't have id. >> the second sign worker called 911. and the dispatcher relays the message to police. >> he wanted to know if this was a real policeman. there is someone, i can hear people in the background. i asked why he think it wasn't real. the people in the back were screaming. >> detectives-heard talking to

sheriffs dispatch. >> his family called and wanted to know if you're real. >> he knew. i guess a badge and id doesn't mean anything, anymore. >> dillman's trial set for next month. both sign workers willing to testify. just didn't want to go on camera. and the second worker saying both refused to show identification that they began a knee and punch him on the ground and continued after he was in handcuffs. and i have a new blog on abc 7 news dwom a letter with the first worker who was also critical of the detectives. >> and next month we'll be watching. >> yes. >> and coming up next a challenge to a crack down on pot club autos women of walmart try toababababababababab

armed with what they describe as new evidence, lawyers from walmart filed an updated lawsuit claiming gender discrimination. several plaintiffs were in san francisco to support the revised complaint focusing on 200 stores, that is a narrower focus than the lawsuit that was rejected by the supreme court.

the new suit cites a meeting with the senior officials and california regional managers. >> we're told they were focused and quote, men are better at focus, women tend at nfg processing. >> 95,000 women are named and in a statement a spokesperson says proposes no more appropriate than the nationwide class the supreme court also rejected. >> medical marijuana activists blame the obama administration is violating rights of states by attempting to close pot december pensries. in a lawsuit, americans for state access claims the justice department actions are unconstitutional under the 10 edgeth -- 10th amendment. prosecutors earlier this month announced plans to close december pens riz operating

close to where children gather. >> a guilty plea from a new jersey man accused of stealing a picasso drawing. he snapped -- snatched art work july 5. the plea part of a deal with prosecutors and the judge said he will likely be released after his november 21 sentencing. lugo will then go to new york, facing charges in seven other art thefts. >> and when we come back here tonight, the new focus on silicon valley technology.

congress is getting involved in a battle between an oyster farm and the park service. the drake's bay oyster farm fighting to renew its permit. the government reform economy is investigating the conduct of national park service employees and leadership in the department of interior. both claim the farm is hurting wildlife but there are

questions in the science. neither responded to our request for comment on this. >> and he is not your typical chairman. bill ford as in ford motor company is looking for new technology to put in his cars and there is david louie sitting down to talk about the cars of the future. >> he's a vegetarian and owner of the lions but main focus is steering the car maker founded towards the future, fords of tomorrow will be very high tech. >> and i'm on the board of ebay so i make a point of seeing companies and finding out what latest and greatest is. >> ford says it will tap into the cloud. this is company video of the

concept car. >> so this can do everything from monitoring blood pressure to continuing to adjust your suspension and clearing based on anticipated condition autos will this be distracting for drivers? >> that is our job. introducing technology in a sensible fashion. and it should make driving a safer and more pleasureable experience. >> ford sees this as a strange market. the car maker is expanding and investing in growth countries. ford is pleased the president has reached a new trade agreement with south korea. >> and we want them made in america stuff in other country autos the occupy protest. how does he address their paints?

-- complaints? >> we're hiring people at all levels with good-paying jobs and we're very bullish on north america is the place to work. >> the new contract calls for ford to add 12,000 people, however, new hires will be paid at a lower scale. in san francisco, abc 7 news. >> and there is a change of heart for hewlett-packard. zifding not to spin off the division of personal computers. the big story, stock prize prizes -- prices rise and the dow gained 339 points. chrysler turned in a profit and revamped many models and sales up 24%. >> and back to update the forecast one last time. chilly and nice, sunny. >> spencer christian with that for us. >> i twoobt look back on a

time lapse view, not a time lapse view, video. this is towards the western sky. and there is stunningly beautiful this, is what we can look forward to. 6:17 was official sunset time. take a looking ahead now around the bay area, there are low to mid-70s around the bay. and there is weekend weather around the state. monterey, nice, sunny. friday, saturday, sunday, highs around sunny. sunny in mend seeno highs into mid-60s there. and tahoe and yosemite looking good. here is our accu-weather forecast. there is a warm up saturday, just a cool down sunday, temperatures holding steady and monday, halloween looking like a lovely day.

great conditions and evening. >> perfect. thank you. >> and in theaters tomorrow is the new film "pus and boots". and do these guarantee a box office winner? >> this little cat with the big voice not only saving the world but is on a mission to uncover magic beads from jack and jill. >> his pal leading the quest. this is a tough sell. but kitty soft paws meets his match. >> just think about all of the trouble we can get into. >> they're on a world tour to promote the film. the actors simply go into a recording studio alone. not in this one. >> you two were in the studio

together? >> we both act for a possibility of having a session together because then, we can advise and everything we're setting up there. lines and we're sending and i think they cannot make sense. >> feed off of each other? >> sure. >> i'll steal you blind and you'll never know i was there. >> and this will keep kids entertained. >> this film starts out with stunning visuals and i began to fill my buckets, then, they started stretching material only to come back with a finale. i'm going to give it almost a full bucket. and we'll see you on the aisle.

join me tonight at 9:00, coming up then a prison interview with bernie madoff.

and then at 11:00 the growing reoccupation and reaction from oakland coming up at 9:00 and 11:00. >> and there is nba basketball. >> a little bit of hope. >> this is pressure on owners and players to end lockout. but there is no settlement by the end of the weekend. and that means both sides will start to lose cash money. and that is why this is meant for 15 hours yesterday going until 3:00 in the morning and back at the bargaining table today. there is a something close to a split. first two weeks have been cancelled and they could be restored if a teal gets done, soon. >> and there is progress being made. fwou try to put a gauge on how much and what it means, maybe

tomorrow or friday morning. we'll be able to explain it in more detail. >> this is what we can get out of here and this is... 15 hours. and i can't describe it. it's better than not making any progress. and we spent a lot gf time. we're going to spent more time, tomorrow. >> and there is stanford knocking off usc. and they would love a little pay back saturday in florida. there is traying to extend longest winning streak in the nation, starting against sc in october. a 37-35 minute. -and andrew luck, 20 of 24. and you can compare them to peyton manning or maybe john

elway. coach david shaw says he's like a one a day. >> this is like once a day he makes a play just making you say wow. and you can count on it. he's going to throw across the body and is going flick a ball where nobody else can fit one, you say wow z move on. >> you can watch saturday, 5:00 p.m. here on abc 7. the wrap up from the coliseum right after the game. it's a nor cal, so cal weekend. the bears had a nice win, and bruins on the verge of total collapse. and rough game a couple weeks ago and bounced back nicely completed or did complete a season high 66% of the pass was a touchdown. and in that last game, importantly no picks. the head coach says he's on the right track heading to l.a.. >> i thought he took a big

step last week and i thought he played at game speed. >> this is the last game of the season. >> checking in now on game six, texas leading three against z.trying to close out cardinals. texas leading in the 5th. been a sloppy game z a lot of errors. >> that is this edition of abc 7 news. >> you can get breaking developments on tonight's occupy oakland protests by following us on twitter. >> from all of us here, thanks for watching. we appreciate your time. see you at 9:00 and 11:00.

captioned by closed captioning services, inc. this is "jeopardy!" please welcome today's contestants-- an actor and theater intern originally from danvers, massachusetts... an english professor from auburn, alabama... and our returning champion-- a psychiatrist from los angeles, california... whose 2-day cash winnings total...